State Bar of Michigan Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Michigan, with full citations and source links on every page.
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Can a judge discuss a pending case with another judge, including over a judicial listserv, for guidance?
The opinion concluded that a judge may consult another judge, individually or by listserv, to seek guidance in carrying out adjudicative responsibilities, so long as the judge does not receive factual…
Can a Michigan judge show support for a charity on social media, and may the judge's name and photo appear on a charity's website or social media?
A judge may support a charity on social media if the organization is unlikely to appear before the judge, the judge does not coerce participation, and does not individually solicit funds; the judge's …
Can a Michigan judge serve on a board that awards grants, and must the judge recuse when a grant recipient later appears as a party?
A judge may serve on and make grant recommendations for a law-improvement organization, and is not automatically disqualified from a grant recipient's later cases, but should disclose and recuse where…
What civic and charitable activities may a judge join, and how far can a judge go in lending a name, title, or presence to an organization without crossing into soliciting funds?
A judge may serve and be listed with a bona fide civic, charitable, religious, fraternal, or educational organization, speak at or be honored at its events, and allow use of the judge's name, but may …
Under Michigan's amended Code, can a judge serve on the board of, or raise funds for, a nonprofit that supports the judge's problem-solving court?
A judge may sit on an honorary committee, join a general appeal, and let the judge's name be used in event advertising, but may not be an officer or director of an organization likely to appear before…
Must a Michigan judge recuse when one of the lawyers in a case is running for the judge's own seat in the upcoming election?
No, the judge is not per se disqualified, but should disclose that the advocate is a candidate for the judge's seat and may proceed unless a timely disqualification motion is granted; no disclosure is…
Can a Michigan judge host, and accept payment for hosting, a commercially-sponsored cable television talk program?
No. Hosting a commercially-sponsored program identified with the judge uses the prestige of office to advance business interests and can reflect on the judge's impartiality; a paid host who is an empl…
Can a Michigan judge married to a non-supervisory assistant prosecutor preside over the prosecutor's office's cases without each party's consent?
If the spouse is non-supervisory, not involved in the matter, and screened, the judge is not automatically disqualified and may preside after disclosure; any party may still move to disqualify, and re…
Must a Michigan judge married to an assistant prosecutor recuse on a defendant's request even when the spouse had no involvement in the case?
Yes. The judge must disclose the marital relationship whenever the prosecutor's office appears and is recused unless the parties voluntarily ask the judge to proceed; the parties may require disqualif…
Can a Michigan judicial candidate announce views on disputed legal and political issues during a campaign?
The opinion concluded that, after Republican Party of Minnesota v. White, judicial candidates may announce their views on disputed legal and political issues because the First Amendment protects that …
Can a part-time Michigan family court referee represent private clients before the judges who appoint and supervise the referee, or before other referees in the same circuit?
A part-time referee may not appear in domestic-relations matters before the appointing or supervising judges (absent waiver or a visiting judge) or before other referees in the same circuit, but may t…
Can a Michigan judge set the 'bail' amount in a Jail-and-Bail or Lockup-for-Charity fundraising event?
No. Setting the target 'bail' amount a person must raise for charity is a direct solicitation of funds using the prestige of judicial office, which the Code does not permit.
Can a Michigan judge moderate a political party's public forum on pending criminal-justice legislation?
Yes, a judge may moderate such a forum if the judge does not comment on pending or impending cases, does not take a position on a legislative initiative that would later require recusal, and the role …
Can a Michigan judge join an investment club whose members include lawyers who might appear before the judge?
A judge may join an investment club with no lawyer members, and may join one with lawyer members only if those lawyers are not likely to appear before the judge; if a lawyer member does appear, the ju…
Can a Michigan judge accept installment or lump-sum payment for selling a former law practice, and must the judge recuse when the buyer appears?
Accepting reasonable compensation for a practice sold under MRPC 1.17 is not the practice of law and is permitted, but when the buying lawyer or firm appears before the judge the judge must disclose t…
Can a sitting judge promote and encourage lawyers to do pro bono work, and may the judge personally ask individual attorneys to take specific cases?
A judge may engage in a wide range of activities to promote and encourage pro bono service, but should not personally solicit individual attorneys to represent specific people, to avoid coercion and t…
Can a Michigan judge attend a political party's testimonial dinner honoring judges where tickets are priced above the dinner's cost?
No. A judge may not attend a testimonial dinner where the admission price exceeds the reasonable cost, and may not let the prestige of judicial office be used to raise money for a political party.
How did the 1995 amendments to Michigan's judicial-disqualification rule change prior ethics opinions, and when can parties waive a judge's disqualification?
Prior disqualification opinions must be reread against the amended MCR 2.003, and the new remittal procedure lets parties waive a judge's disqualification in every circumstance except personal bias or…
Can a judge use the names and addresses of former jurors to send out re-election campaign mailings?
The opinion concluded that a judge may not use jury records for the judge's personal election mailings and may not personally solicit public statements of support from people who served as jurors in t…
Must a Michigan judge whose spouse is a supervising assistant prosecutor recuse when the prosecutor's office appears, and can the judge offer a waiver?
The judge must disclose the relationship, the appearing prosecutor must disclose whether the spouse participated personally and substantially, and the judge is recused unless the parties voluntarily a…
Can a Michigan judge publicly endorse a judicial candidate by name in a campaign brochure or radio ad?
The opinion concluded that a judge may allow the judge's name and judicial title to be used in a campaign brochure and radio ad quoting the judge's endorsement of a judicial candidate, because MCJC 7A…
Can a Michigan judicial candidate hand out campaign literature at a nonjudicial candidate's event, and host that candidate's materials at the judge's own event?
The opinion concluded that a judicial candidate may attend and distribute personal campaign literature at an event held for a nonjudicial candidate, but may not provide a particular opportunity, such …
How early can a Michigan judicial candidate form a campaign committee and accept contributions before the fundraising period?
The opinion concluded that a judicial candidate may form and register a campaign committee before the 180-day fundraising period, may make personal contributions and have the committee make expenditur…
Can a Michigan judge act as a conciliator in church disputes that might end up in arbitration or litigation?
No. The bar on a judge acting as arbitrator or mediator extends to conciliation, so a judge should not serve as a conciliator in disputes that are likely subjects of arbitration or litigation.
Can a judge serve on a Chamber of Commerce committee that promotes pro-business positions and supports the election of business-friendly candidates?
The opinion concluded that a judge may not serve on a legislative affairs and political action committee whose mission is to support pro-business interests through the media, before governmental bodie…
Can a judge sentence a defendant to attend an outside educational or rehabilitative program or perform community services, and require a program fee?
The opinion concluded that it is not unethical for a judge to offer attendance at a program or performance of services as a sentencing alternative, provided the alternative is service or attendance ra…
Can a judicial candidate use campaign funds to sponsor a youth sports team in Michigan?
The opinion concluded that a judicial candidate may spend campaign funds sponsoring a youth sports team so long as the information on the team's schedules and uniforms does not misrepresent the candid…
When a private law firm defends a court's judges in suits over their official acts, must those judges step aside or disclose when that firm appears before them in unrelated cases?
The judge must disclose the lawyer-client relationship to the parties and their counsel whenever a member of the firm representing the judges appears as an advocate; recusal is then a question of law …
Can a judge sentence a criminal defendant to pay money into a school or charitable education program?
The opinion concluded that a judge may not impose sentences requiring criminal defendants to pay money allocated to educational, religious, charitable, fraternal, or civic activities unless the senten…
Can a judge sign a public resolution asking local officials to act on a private employer's plant closing?
The opinion concluded that a judge may not sign a resolution requesting specific action by the mayor and county board over a local employer's business closings, because the resolution is non-neutral p…
Can a Michigan probate judge hire a lawyer as a court employee to represent the juveniles and parents who appear before that judge?
Yes, but only if the judge does not interfere with the lawyer's independent judgment or the lawyer-client relationship, avoids ex parte contacts, and minimizes any appearance of bias; the lawyer must …
Can a judge let offenders choose between performing community service hours or paying money to a charity the judge picks?
The opinion concluded that a sentencing judge may not give offenders the option of performing a set number of community service hours or instead making a monetary contribution to a charity designated …
Can a judge's spouse serve on a nonjudicial candidate's campaign committee, and can the judge sit on the dais at a political party event?
The opinion concluded that a judge's spouse may serve on the campaign committee of a nonjudicial candidate and appear as a committee member on campaign letterhead, and the judge may sit on the dais wi…
Does a judge have to recuse just because the judge personally knows a lawyer or party in the case?
The opinion concluded that a judge's personal acquaintance with a lawyer or party, without more, is not grounds for automatic recusal; the judge should disclose any concern about the appearance of bia…
When a Michigan appellate judge is sued or threatened with suit, must the judge recuse from unrelated cases involving the lawyers or trial judge in the judge's own matter?
Recusal is not automatic absent actual bias, but the judge should consider voluntary recusal, disclose the relationship, and seriously consider any recusal request; the judge should step aside from re…
Can a judge write a character reference or sign a character affidavit for a criminal defendant?
The opinion concluded that a judge should not provide a character affidavit for a criminal defendant because it is a sworn statement not subject to cross-examination, and should decline to give a pers…
Is a Michigan judge automatically disqualified when the judge and the judge's former firm are codefendants in a malpractice suit and that firm appears before the judge?
Yes. While the malpractice action is pending, the disqualification is absolute and non-waivable: the judge may not preside over any matter in which the former firm, or the firm defending them both, ap…
Can a judge or judicial candidate buy an advertisement in a political party's ad book in Michigan?
The opinion concluded that a judge or candidate may place an advertisement in a political party's ad book so long as the ad is a plain 'tombstone' notice that does not amount to a speech on behalf of …
Can a Michigan judge who is leaving the bench negotiate for private employment with lawyers or firms that appear before the judge?
A judge may not negotiate for employment with a party or lawyer in a matter the judge is handling personally and substantially; once negotiations begin, the judge should recuse from that party's or fi…
When must a judge step aside because of ties to a former law firm, ongoing buy-out payments, a relative at a firm, or prior service as a city commissioner?
A judge is automatically disqualified for two years from cases brought by a firm the judge belonged to; most continuing financial or family ties require only disclosure and recusal unless a party asks…
Can an organization of judges raise charitable funds, and may a non-judge executive director do the soliciting?
A judge may not personally solicit charitable funds, but the judges' organization may retain a non-judge executive director to solicit; the organization's appeal does not violate the rule if no member…
What should a Michigan judge do when asked to disclose privileged information about a client the judge represented before taking the bench?
Where the former client does not consent, the judge must await a subpoena, appear and exercise the attorney-client privilege, and await the presiding judge's instruction on whether to release the info…
Can a Michigan judge appoint a private domestic-relations lawyer as a part-time referee and government liaison attorney, and must the judge then recuse from that lawyer's cases?
The judge may make the appointments, and the same lawyer may hold both roles, if the practitioner observes the conflict and screening limits of the referee and government-lawyer rules; the appointing …
Can a retired Michigan judge who takes visiting-judge assignments also serve as a private mediator or arbitrator?
Yes, if the retired judge does not mediate or arbitrate during a judicial assignment, is disqualified as judge from matters in which the judge mediated or arbitrated (and vice versa), and the work doe…
What must a judge do upon discovering that someone representing a party is not licensed to practice law?
The opinion concluded that judges have a duty to prevent the unauthorized practice of law, must instruct court staff to check pleadings for a State Bar 'P' number, must stop a proceeding when unauthor…
Can a judge sit in on a family member's deposition or hearing just to give moral support?
The opinion concluded that a judge may attend a deposition or hearing solely to provide moral support for a party who is within the third degree of consanguinity or affinity to the judge, or with whom…
Does a judge's name appearing on a political party's ticket of endorsed nonjudicial candidates count as a prohibited endorsement in Michigan?
The opinion concluded that the inclusion of a judicial candidate's name in a third party's communication listing endorsed nonjudicial candidates does not constitute a public endorsement of those candi…
Is a Michigan judge disqualified when a lawyer rents commercial property that is owned by the judge's spouse rather than the judge?
Yes, the appearance of impropriety is the same as if the judge owned the property; the judge must disclose the relationship and may sit only with the parties' consent, and should ask the spouse to div…
What civic and charitable activities may a judge take part in, and may a judge let a charity use the judge's name and title or ask the judge to help raise money?
A judge may serve and be listed as an officer or director of a bona fide charitable, civic, religious, fraternal, or educational organization, but may not personally solicit funds or let the prestige …
Is a Michigan judge who owns an office building disqualified when a lawyer who rents space there appears before the judge?
A landlord-judge / tenant-lawyer relationship creates an appearance of impropriety when the lawyer appears before the judge; the judge must disclose it and may sit only with the parties' consent, and …
Could a Michigan judicial candidate pledge part of the judge's salary to charity, or blame incumbent judges for high salaries, in campaign ads?
The opinion concluded that a judicial candidate's campaign ad pledging to donate a portion of judicial salary to charity is improper under MCJC 7B(1)(c), and that an ad blaming incumbent judges for sa…
Can a Michigan judge go door-to-door or sell items on the street to raise money for a charity?
No. A judge may not individually solicit funds for a charitable, religious, educational, fraternal, or civic organization, which includes door-to-door or on-the-street sales and solicitation; a judge …
Can a Michigan judicial candidate's campaign committee solicit and accept contributions from political action committees?
A campaign committee may solicit no more than $100 from a PAC that is the alter ego of a lawyer or firm, and may accept unsolicited PAC contributions unless they appear motivated by a desire to influe…
If a new judge referred a former client's case to a law firm and stands to collect a referral fee if the case wins, must the judge recuse whenever that firm appears on unrelated matters?
Yes; while the judge keeps a financial interest in the outcome of the referred case, the judge should not hear any matter handled by a lawyer connected with that firm, to protect the appearance of an …
Can a candidate for the Michigan Supreme Court criticize a divided opinion of that court during the campaign?
The opinion concluded that a candidate for the Michigan Supreme Court may criticize the majority portion of a divided opinion of that court, and the legal philosophy underlying it, so long as the crit…
Could a Michigan judicial candidate use a 'strict sentencing philosophy' slogan in campaign advertising?
The opinion concluded that a judicial candidate could not use the slogan 'A strict sentencing philosophy!' in campaign literature, because standing alone it created an impression the candidate would s…
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Legal ethics opinions from the State Bar of Michigan interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.